Category: Principal Legislation

CHAPTER 50:02HIDE AND SKIN TRADE ARRANGEMENT OF SECTIONS SECTION PART ISHORT TITLE, APPLICATION AND INTERPRETATION 1. Short title and application 2. Interpretation PART IIBUYER’S LICENCE 3. Restriction on purchase of hides and skins 4. Application for, issue of and validity of buyer’s licence 5. Conditions attached to buyer’s licence 6. Cancellation or suspension of buyer’s licence PART IIIEXPORT OF HIDES AND SKINS 7. Restriction on export of hides and skins 8. Export under licence 9. Application for, issue of, power to refuse and validity of exporter’s licence 10. Conditions attached to exporter’s licence 11. Cancellation or suspension of exporter’s licence 12. Proviso PART IVREGISTRATION OF PREMISES 13. Premises used for drying to be registered 14. Validity of registration certificate PART VAPPEALS 15. Appeal from decision of licensing officer or inspector and of Director PART VIPOWERS OF INSPECTION, SEARCH AND SEIZURE 16. Powers of inspection, search and seizure PART VIIMISCELLANEOUS 17. Separate licence required for each premises 18. Reference of dispute as to grading PART VIIIOFFENCES 19. Licensee not to store hides and skins on unlicensed premises 20. Offence to buy, etc., certain dried hides 21. Miscellaneous offences and penalty PART IXRULES 22. Power to make Rules 23 of 19541 of 1963G.N. 22/19631/1965166/1967Gen. N. 16/1970 An Act to provide for the regulation of the trade in hides and skins PART ISHORT TITLE, APPLICATION AND INTERPRETATION 1. Short title and application (1) This Act may be cited as the Hide and Skin Trade Act. (2) So much of the provisions of this Act as relate to dealing in hides and skins and to licences authorizing such dealing shall extend only to such areas and such classes of hides and skins as the Minister may from time to time, by notice published in the Gazette, appoint. 2. Interpretation In this Act, unless the context otherwise requires— “buyer” means any person who buys, sells or otherwise deals in hides and skins; “buyer’s licence” means a licence issued under section 4; “Director” means the Director of Animal Health and Industry and includes the Deputy Director of Animal Health and Industry; “export” means export from Malawi; “exporter” means any person duly authorized under this Act to export hides or skins or hides and skins; “exporter’s licence” means a licence issued under section 9; “game animal” bears the same meaning in this Act as it bears in the Game Act; “green hide” or “green skin” means a hide or skin which is not partly nor wholly dried, salted or tanned; “hide” means the hide of a bovine animal; “inspector” means any person authorized in writing by the Minister to act as an inspector for the purposes of this Act; “licensing officer” means any person authorized in writing by the Minister to issue buyer’s licences under this Act; “preparation” includes the processes of cleansing, fleshing, salting or drying and the expressions “prepared” and “prepare” shall be construed accordingly; “skin” means the skin of a pig, sheep or goat or of any game animal. PART IIBUYER’S LICENCE 3. Restriction on purchase of hides and skins (1) No person shall, whether on his own account or on behalf of any other person, buy for the purpose of resale or tanning in Malawi, or for export, any hide or skin unless he is in possession of a valid buyer’s licence in the prescribed form issued to him by a licensing officer: Provided that the Minister may, by notice published in the Gazette, exempt any person or class of persons from this section. (2) Any person who contravenes this section shall be guilty of an offence. 4. Application for, issue of and validity of buyer’s licence (1) Any person who wishes to obtain or renew a buyer’s licence shall apply therefor, in the prescribed manner, to a licensing officer. (2) The licensing officer may, upon receiving any such application, if he is satisfied that the applicant possesses a sufficient knowledge of the hide and skin trade and is capable of complying with the prescribed conditions, issue the applicant with a buyer’s licence or a renewal thereof on payment of the prescribed fee. Every such licence shall specify the premises, the area and the markets to which it relates and shall be valid only in respect of such premises, area and markets. (3) A licensing officer shall not issue a buyer’s licence unless— (a) an inspector has certified that the premises in respect of which an applicant has applied for such licence are suitable, having regard to the volume and nature of the trade which may reasonably be expected in such premises and having regard also to the District in which they are situate; (b) a medical officer of health for the area concerned, or some person authorized by him in writing in that behalf has certified that such premises are, having regard…

CHAPTER 14:03RESTRICTION AND SECURITY ORDERS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Power to make restriction orders 4. Power to make security orders 5. Procedure for making orders 6. Service of notice and arrest 7. Powers of judges or magistrates 8. Detention in custody pending decision 9. Contents of orders 10. Execution of orders 11. Expenses 12. Persons undergoing sentence 13. Revocation and variation of orders 14. Penalties for breach of order 15. Penalty for harbouring 16. Institution of proceedings 17. Evidence 18. Minister may make orders in relation to persons subject to restriction orders 19. Arrest without warrant 20. Rules 21. Appointment of magistrates 32 of 1954G.N. 22/196373/1964(M)166/1967 An Act to Regulate the Making of Restriction and Security Orders in Respect of Undesirable and Convicted Persons 1. Short title This Act may be cited as the Restriction and Security Orders Act. 2. Interpretation In this Act, unless the context otherwise requires— “convicted person” means a person in respect of whom any court certifies to the Minister that he has been convicted, either by that court or by any inferior court from which his case has been brought by way of appeal, of any offence punishable with imprisonment otherwise than only in default of payment of a fine; “judge” means a Judge of the High Court; “magistrate” means, subject to section 6 (2) and (3), a person ­appointed to be a magistrate for the purpose of this Act under section 21; “person charged” means a person in respect of whom it is alleged that there are grounds for making a restriction order or security order under this Act and includes a person in respect of whom such an order has been made; “restriction order” means an order prohibiting the person in respect of whom it is made from entering or from leaving an area within Malawi without the consent of the officer specified in the order; “security order” means an order requiring the person in respect of whom it is made to give security in two or more sureties in such amount and for such time as may be therein specified to keep the peace and to be of good behaviour, or for indemnifying public funds for all costs, charges and expenses incurred in his regard, or for both such purposes, as may be appropriate in the case; “undesirable person” means a person who is or has been conducting himself so as to be dangerous to peace, good order, good government or public morals, or who is or has been attempting, or conducting himself in a manner calculated, to raise discontent or disaffection among the citizens or the inhabitants of Malawi, or to promote feelings of ill-will and hostility between different races or classes of the population of Malawi. 3. Power to make restriction orders Subject to this Act, the Minister may, if he thinks fit, make a restriction order in respect of any person who is— (a) a convicted person in respect of whom the court certifying to the Minister that he has been convicted recommends that a restriction order should be made in his case, either in addition to or in lieu of sentence;or (b) an undesirable person. 4. Power to make security orders (1) Subject to this Act, the Minister may, if he thinks fit, either in addition to making a restriction order under section 3 or separately, make a security order in respect of any person who is— (a) a convicted person in respect of whom the court certifying to the Minister that he has been convicted recommends that a restriction order or a security order or both should be made in his case, either in addition to or in lieu of sentence;or (b) an undesirable person. (2) Where a security order is made as aforesaid, a restriction ­ order shall be made in conjunction therewith to come into force upon ­default of compliance with the security order within a time therein fixed. (3) Where a security order has been complied with, the order shall, for the purposes of this Act, be deemed to remain in force so long as the security given thereunder subsists, and where a security order is revoked the said security shall cease to have effect. 5. Procedure for making orders Except where a court has, in accordance with this Act, given a certificate recommending that an order should be made, no restriction order or security order shall be made under this Act except where a judge or magistrate has, in accordance with section 7, made a report on the case and the Minister is satisfied, having regard to the findings of fact and any conclusions of law as stated in the report, that such order may lawfully be made. 6. Service of notice and arrest (1) A notice…

CHAPTER 9:03CONVICTED PERSONS (EMPLOYMENT ON PUBLIC WORK) ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Power of court to order persons to perform public work 4. Payment of fine either in full or in part 5. Duties of persons ordered to perform public work 6. Penalty for failure to comply with an order to perform public work 7. Revision and appeals 8. Rules 9. Saving 16 of 195439 of 195427 of 1964 (N) G.N. 166/1967 An Act to consolidate and amend the law relating to the employment of convicted persons on public work 1. Short title This Act may be cited as the Convicted Persons (Employment on Public Work) Act. 2. Interpretation In this Act, unless the context otherwise requires— “court” means a subordinate court and includes a Traditional Court to the extent to which it is empowered under the Traditional Courts Act to make an order to perform public work. 3. Power or court to order persons to perform public work (1) When a person is convicted of any offence by a court and such court is of opinion that the offence would be adequately punished by a sentence of imprisonment not exceeding six months, the court may, instead of awarding a sentence of imprisonment, order such person to perform public work for a period not exceeding six months. (2) Subject to subsection (1), the court shall not order any person to perform public work for a longer period than the maximum sentence of imprisonment which it could have imposed on such person in respect of the offence of which he has been convicted. (3) Where any Act provides that an offence is punishable by fine only or by fine and imprisonment in default of payment of such fine, the court may order the person convicted to perform public work for a period not exceeding six months in default of payment. (4) Notwithstanding the Criminal Procedure and Evidence Code, no court may order a person to perform public work for a total period exceeding six months where such order is made in respect of two or more offences tried together. 4. Payment of fine either in full or in part (1) If any person, ordered to perform public work in default of payment of a fine, pays such fine in full to the court which so ordered him, the order shall thereupon determine. (2) If any person, ordered to perform public work in default of payment of a fine, pays any sum in part satisfaction of such fine, the period of the public work ordered to be performed by him shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which such person was ordered to perform public work as the sum so paid bears to the fine imposed. (3) Where any person is desirous of taking advantage of subsection (2), any payment in part satisfaction of the fine shall be made by such person to the court which ordered him to perform public work and the court shall certify the number of days by which the period of public work originally ordered is reduced by such payment. 5. Duties of persons ordered to perform public work A person ordered by a court to perform public work shall— (a) work for a period not exceeding eight hours each day (excluding Sundays and public holidays) on such work as shall be allotted to him by the District Commissioner of the District in which such person was convicted or by any person authorized by such District Commissioner in that behalf; (b) reside in such place as the District Commissioner shall direct, or, if the court so orders, in a camp. 6. Penalty for failure to comply with an order to perform public work (1) Every person ordered by a court to perform public work who shall without reasonable cause— (a) fail to perform the work lawfully allotted to him; or (b) absent himself from his place of work or of residence; or (c) fail to comply with any Rules made under this Act, shall be liable to imprisonment for six months: Provided that where any person is sentenced to a term of imprisonment under this subsection, the court imposing such sentence of imprisonment may, in its discretion, revoke the order to perform public work. (2) A return of all sentences imposed by a court under this section shall be made monthly to the High Court. 7. Revision and appeals Where a sentence of fine or imprisonment or an order to perform public work comes before the High Court on appeal or in exercise of its powers of revision, the High Court may alter any sentence of fine or imprisonment to an order to perform public work,…

CHAPTER 58:03CONVEYANCING ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Application of the Conveyancing Act, 1911 (1 and 2 Geo. 5. c. 37) 11 of 19526 of 1967 An Act to Make Provision for the Application of the Conveyancing Act, 1911, of the United Kingdom to Malawi 1. Short title This Act may be cited as the Conveyancing Act. 2. Application of the Conveyancing Act, 1911 (1 and 2 Geo. 5. c. 37) (1) The Conveyancing Act, 1911, of the United Kingdom, is hereby applied to Malawi: Provided that the said Act shall not apply to land registered in accordance with the Registered Land Act. (2) In the application of the said Act to Malawi, references therein to “the court” shall be construed as references to the High Court of Malawi.

CHAPTER 12:02NATIONAL SERVICE ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Appointment of director of Manpower 3. Proclamations and notices subjecting persons to Act 4. Exemption 5. Registration for National Service 6. Medical examination 7. Notice requiring registered persons to serve 8. Constitution and powers of National Service Tribunal 9. Appeals against obligation to serve 10. Appeals before the Tribunal 11. Remuneration of Tribunal and witnesses and costs 12. Nature of service under this Act 13. Transfer from one form of service to another 14. Employers to give particulars of employees 15. Co-operation of employers 16. Reinstatement in employment 17. False statement and forgery 18. Penalty 19. Rules 15 of 1951G.N. 22/196316/1964(M)73/1964(M)1/1965137/1966166/1967 An Act to Make Provision for Securing and Controlling the Enlistment of Persons for National Service during an Emergency and for Purposes connected therewith 1. Short title (1) This Act may be cited as the National Service Act. (2) This Act shall come into operation and shall remain in operation during the existence in force of any Order made by the Minister under section 3. 2. Appointment of Director of Manpower The Minister may by notice published in the Gazette appoint a person to be Director of Manpower for the purposes of this Act. 3. Order subjecting citizens to the Act The Minister may from time to time, by Order published in the Gazette, direct that, subject to section 4, every citizen of Malawi— (a) who is at the date of that Order in Malawi or who there­after enters Malawi; and (b) who was born in such year or years as may be specified in the Order, shall, on the date of the Order, or, as the case may be, on the date on which he first enters Malawi after the date of the Order, become liable to be called up for national service under this Act. 4. Exemption No person shall be liable for service under this Act if he is under the age of 18 years or over the age of 60 years. 5. Registration for National Service (1) The Director of Manpower may by notice and in such other manner as he shall deem sufficient require such classes of persons who have become liable for service under this Act as he shall specify in such notice to furnish at such time and place in such manner and to such authority or person as shall be specified in such notice such particulars as shall be specified. (2) Any person who fails to comply with the requirements of any notice issued under subsection (1) shall be guilty of an offence against this Act. (3) Every person who furnishes the particulars required by subsection (1) shall be registered by the Director of Manpower, together with the particulars relating to such person, in a Service Register which shall be kept by the Director of Manpower. (4) A person registered under this section shall be supplied with a Certificate of Registration which shall be in such form as the Director of Manpower shall determine. (5) A person registered under this section shall so long as he remains liable to service under this Act whenever requested by a police officer produce his Certificate of Registration: Provided that if such person is not, at the time when he is requested to produce such Certificate, in possession thereof, he shall produce the same within seven days of being requested as aforesaid at such police station as the police officer may specify. (6) A person registered under this Act shall within seven days notify the Director of Manpower in writing of any change in his name, marital status, address or occupation. (7) Any person who fails to produce his Certificate of Registration as required in subsection (5), or who fails to notify a change of name, marital status, address or occupation as required by subsection (6), shall be guilty of an offence against this Act. 6. Medical examination (1) The Director of Manpower may require any person registered under section 5 to present himself for and submit to medical examination at such time and place as may be notified. (2) Any person who fails to present himself for, or submit himself to, medical examination when required to do so in accordance with subsection (1) shall be guilty of an offence against this Act. 7. Notice requiring registered persons to serve (1) The Director of Manpower may, by notice in writing (hereinafter referred to as a “duty notice”) require any person registered under section 5 and passed medically fit for service to report for duty on such date and at such time and place and to such authority or person as may in such duty notice be specified. (2) The duty notice shall specify whether the service to be performed is full time or part…

CHAPTER 42:04HIDES AND SKINS (CESS) ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Minister may impose cess 4. (1) Restriction on exportation of hides and skins (2) Penalty 4 of 1951G.N. 22/1963 An Act to Provide for the Levy of a Cess on Hides and Skins exported from Malawi 1. Short title This Act may be cited as the Hides and Skins (Cess) Act. 2. Interpretation In this Act— ‘‘hide’’ means the hide of a bovine animal, not being a game animal; ‘‘skin’’ means the skin of a goat or sheep. 3. Minister may impose cess (1) The Minister may, by order published in the Gazette, impose a cess to be raised, levied, collected and paid in respect of all hides and skins exported from Malawi. (2) Any cess imposed under this section— (a) shall be of such amount as may be stated in the order imposing the same but shall not exceed fifteen shillings per hundred pounds avoirdupois dry net weight in the case of hides and sixty shillings per hundred pounds avoirdupois dry net weight in the case of skins; and (b) shall be levied and collected in such manner as may be provided in the order imposing the same. 4. Restriction on exportation of hides and skins (1) No person shall export any hide or skin from Malawi unless and until the amount due in respect of any cess imposed thereon has been paid. Penalty (2) If any person exports or attempts to export any hide or skin from Malawi in contravention of subsection (1), such person shall be guilty of an offence, and without prejudice to his liability to pay any cess due thereon, shall be liable to a fine of £100 and to imprisonment for three months.

CHAPTER 26:01ADOPTION OF CHILDREN ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Power to make adoption orders 3. Restrictions on making adoption orders 4. Matters with respect to which court to be satisfied 5. Terms and conditions of order 6. Effect of adoption order 7. Power to make interim orders 8. Power to make subsequent order in respect of infant already subject to an order 9. Jurisdiction and procedure 10. Restriction on payments 11. Provisions as to existing de facto adoptions 12. Adopted Children Register 13. Revision of particulars in Adopted Children Register Schedule 13 of 194919 of 195722 of 19588 of 196321 of 1967 An Act to Provide for the Adoption of Children 1. Short title This Act may be cited as the Adoption of Children Act. 2. Power to make adoption orders (1) Upon an application in the prescribed manner by any person desirous of being authorized to adopt an infant who has never been married, the court may, subject to this Act, make an order (in this Act referred to as ‘‘an adoption order’’) authorizing the applicant to adopt that infant. (2) A person so authorized to adopt the infant and an infant authorized to be adopted are in this Act referred to as an ‘‘adopter’’ and an ‘‘adopted child’’ respectively, and an “infant” means a person under the age of twenty-one. (3) Where an application for an adoption order is made by two spouses jointly, the court may make the order authorizing the two spouses jointly to adopt, but save as aforesaid no adoption order shall be made authorizing more than one person to adopt an infant. 3. Restrictions on making adoption orders (1) An adoption order shall not be made in any case where— (a) the applicant is under the age of twenty-five years; or (b) the applicant is less than twenty-one years older than the infant in respect of whom the application is made: Provided that, where the applicant and the infant are within the prohibited degrees of consanguinity, it shall be lawful for the court, if it thinks fit, to make an order notwithstanding that the applicant is less than twenty-one years older than the infant. (2) An adoption order shall not be made in any case where the sole applicant is a male and the infant in respect of whom the application is made is a female unless the court is satisfied that there are special circumstances which justify as an exceptional measure the making of an adoption order. (3) An adoption order shall not be made except with the consent of every person or body who is a parent or guardian of the infant in respect of whom the application is made or who has the actual custody of the infant or who is liable to contribute to the support of the infant: Provided that the court may dispense with any consent required by this subsection if satisfied that the person whose consent is to be dispensed with has abandoned or deserted the infant or cannot be found or is incapable of giving such consent or, being a person liable to contribute to the support of the infant, either has persistently neglected or refused to contribute to such support or is a person whose consent ought, in the opinion of the court and in all the circumstances of the case, to be dispensed with. (4) An adoption order shall not be made upon the application of one of two spouses without the consent of the other of them: Provided that the court may dispense with any consent required by this subsection if satisfied that the person whose consent is to be dispensed with cannot be found or is incapable of giving such consent or that the spouses have separated and are living apart and that the separation is likely to be permanent. (5) An adoption order shall not be made in favour of any applicant who is not resident in Malawi or in respect of any infant who is not so resident. 4. Matters with respect to which court to be satisfied The court before making an adoption order shall be satisfied— (a) that every person whose consent is necessary under this Act and whose consent is not dispensed with has consented to and understands the nature and effect of the adoption order for which application is made, and in particular in the case of any parent understands that the effect of the adoption order will be permanently to deprive him or her of his or her parental rights; and (b) that the order if made will be for the welfare of the infant, due consideration being for this purpose given to the wishes of the infant, having regard to the age and understanding of the infant; and (c) that the…

CHAPTER 14:01OFFICIAL SECRETS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Penalties for spying 4. Wrongful communication, etc., of information 5. Definition of prohibited place 6. Unauthorized use of uniforms; falsification of reports, forgery, personation and false documents 7. Evidence of espionage 8. Interfering with officers of the police or members of the armed forces of Malawi 9. Power to require the production of telegrams 10. Registration and regulation of persons carrying on the business of receiving postal packets 11. Duty of giving information as to commission of offences 12. Attempts, incitements, etc. 13. Penalties for harbouring spies 14. Power to arrest 15. Appointment of additional officers of police 16. Power to convict person charged with felony under Act of misdemeanour under Act 17. Provisions as to trial and punishment of offences 18. Restriction on prosecution 19. Search warrants 20. Trial of offences 3 of 191313 of 19226 of 19231 of 1957s. 6 and 2nd Sch.G.N.22/196373/1964(M)137/1966 An Act to provide against the Publication of Official Secrets 1. Short title This Act may be cited as the Official Secrets Act. 2. Interpretation In this Act unless the context otherwise requires— Any reference to a place belonging to the Government includes a place belonging to any department of the Government whether the place is or is not actually vested in the Government; expressions referring to communicating or receiving include any communicating or receiving, whether in whole or in part, and whether the sketch, plan, model, article, note, document, or information itself or the substance, effect, or description thereof only be communicated or received; expressions referring to obtaining or retaining any sketch, plan, model, article, note, or document, include the copying or causing to be copied the whole or any part of any sketch, plan, model, article, note, or document, and expressions referring to the communication of any sketch, plan, model, article, note or document include the transfer or transmission of the sketch, plan, model, article, note or document; “document” includes part of a document; “model” includes design, pattern, and specimen; “munitions of war” includes the whole or any part of any ship, submarine, aircraft, tank or similar engine, arms and ammunition, torpedo, or mine, intended or adapted for use in war, and any other article, material, or device, whether actual or proposed, intended for such use; “offence under this Act” includes any act, omission, or other thing which is punishable under this Act; “office under the Government” includes any office or employment in or under any department of the Government; “sketch” includes any photograph or other mode of representing any place or thing; “superintendent of police” includes the person charged with the command, direction and superintendence of the police in any District. 3. Penalties for spying (1) If any person for any purpose prejudicial to the safety or interests of the State— (a) approaches, inspects, passes over, or is in the neighbourhood of, or enters any prohibited place in Malawi within the meaning of this Act; or (b) makes any sketch, plan, model, or note which is calculated to be or might be or is intended to be directly or indirectly useful to an enemy; or (c) obtains, collects, records, or publishes or communicates to any person any secret official code, word, or pass word, or any sketch, plan, model, article, or note, or other document or information which is calculated to be or might be or is intended to be directly or indirectly useful to an enemy, he shall be guilty of felony. (2) On a prosecution under this section, it shall not be necessary to show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the safety or interests of the State, and, notwithstanding that no such act is proved against him, he may be convicted if, from the circumstances of the case, or his conduct, or his known character as proved, it appears that his purpose was a purpose prejudicial to the safety or interests of the State; and if any sketch, plan, model, article, note, document, or information relating to or used in any prohibited place within the meaning of this Act, or anything in such a place, or any secret official code word or pass word is made, obtained, collected, recorded, published, or communicated by any person other than a person acting under lawful authority, it shall be deemed to have been made, obtained, collected, recorded, published, or communicated for a purpose prejudicial to the safety or interests of the State unless the contrary is proved. 4. Wrongful communication, etc., of information (1) If any person having in his possession or control any secret official code word, or pass word, or any sketch, plan, model, article, note, document, or information which relates to or is used in…

CHAPTER 22:04LOCAL GOVERNMENT SERVICE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Unification of all local government services of local authorities 4. Election to join Local Government Service 5. No election to join Local Government Service after six months 6. Terms and conditions of service upon entry into Local Government Service 7. Calculation of pensions and gratuities on retirement 8. Effect of non-election to join Local Government Service PART IIESTABLISHMENT OF THE LOCAL GOVERNMENT SERVICE COMMISSION 9. Establishment and composition of the Local Government Service Commission 10. Disqualifications from membership of Commission 11. Tenure of office of members of Commission 12. Remuneration and allowances of members of Commission PART IIIADMINISTRATION 13. Secretary to the Commission 14. Deputy Secretary to the Commission PART IVFUNCTIONS AND POWERS OF THE COMMISSION 15. Functions and powers of the Commission PART VFUNDS OF THE COMMISSION 16. Funds of the Commission 17. Annual budget 18. Books, accounts, audit and reports PART VIMISCELLANEOUS 19. Regulations 20. Non-application of Act Schedule 37 of 198119 of 1995G.N. 13/1983 An Act to provide for the establishment, functions and powers of the Local Government Service Commission, for the unification of the local government services of all local authorities into a Local Government Service, to regulate the appointment and terms and conditions of service of persons joining the Service, and to make provision for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Local Government Service Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘Commission’’ means the Local Government Service Commission established under section 9; ‘‘contract officer’’ means an officer in the employment of a local authority under a written contract containing terms of service individual to such officer; ‘‘employee’’ means a person employed by a local authority as an industrial class employee or as a temporary employee; ‘‘local government officer’’ means a public officer employed by the Ministry of Local Government; ‘‘officer’’ means a person employed by a local authority holding a rank higher than that of an industrial class employee. 3. Unification of all local government services of local authorities (1) On and after the commencement of, and to the extent provided by, this Act, the local government services of all local authorities in Malawi shall be unified into one consolidated service, to be known as the Local Government Service (hereinafter called the “Service”). (2) Subject to the provisions of this Act, every local government officer, officer and employee having elected pursuant to section 4 to join the Service shall be deemed to be an officer in, or employee of, the Service and shall thereafter at all times, and to the extent provided by this Act, be subject to the jurisdiction and control of the Service, and to all appropriate and relevant regulations and rules relating to officers or employees of the Service, as are from time to time made and in force under this Act. (3) Subject to the provisions of this Act, no person other than an officer in the Service shall, after the date of commencement, be appointed to, or hold, any office on the permanent establishment of any local authority. 4. Election to join the Service Any person who was a member of a local authority immediately prior to the commencement of this Act may, at any time within six months thereafter, by notice in writing to the Minister, elect to join the Service. 5. No election to join the Service after six months After the expiry of six months from the date of commencement, no person to whom section 4 of this Act applies shall be entitled to elect to join or to join the Service by virtue of that section. 6. Terms and conditions upon entry into the Service Any person who, pursuant to section 4, joins the Service shall enter the Service on such terms of employment and under such conditions of service applicable to the Service as are, at the time, made applicable to him by the relevant competent authority: Provided that in no case shall such terms of employment or conditions of service be less favourable than the terms and conditions that he enjoyed, or were applicable to him, in the local authority immediately prior to the commencement of this Act. 7. Calculation of pensions and gratuities on retirement In calculating the pension or gratuity payable upon the retirement from the Service of any person who has joined the Service under the provisions of this Act, such part of the pension or gratuity, as the case may be, as is attributable to the length of service of such person in the local authority shall be calculated in accordance with the relevant and applicable provisions of that local authority in force immediately prior to the date…

CHAPTER 34:01PUBLIC HEALTH ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Application of Act 3. Power to vary application PART IINTERPRETATION OF TERMS 4. Interpretation PART IIADMINISTRATION 5. Power to direct inquiries 6. Power of persons directed to make inquiries 7. General duties of local authorities 8. Proceedings on complaint against local authorities 9. Powers of person appointed under preceding section 10. This Act in relation to other Acts PART IIAMANAGEMENT OF ASSISTED HOSPITALS 10A. Board of Governors of assisted hospitals 10B. Contents of Order PART IIINOTIFICATION OF INFECTIOUS DISEASES 11. Notifiable diseases 12. Declaration of notifiable diseases by Minister 13. Notification of infectious diseases 14. Regulations for the notification of infectious diseases 15. Fees for certificates PART IVPREVENTION AND SUPPRESSION OF INFECTIOUS DISEASES 16. Powers of medical officer of health to inspect premises and persons 17. Cleansing and disinfection of premises and articles therein 18. No compensation for deprivation during disinfection 19. Provision of means of disinfection 20. Provision of conveyance for infected persons 21. Provision for removal to hospital of persons suffering from infectious diseases where serious risk 22. Penalty on exposure of persons and articles liable to convey infectious disease 23. Penalty on failing to provide for disinfection of vehicle 24. Penalty for letting infected house 25. Duty of person letting house lately infected to give true information 26. Notification of deaths and removal of bodies of persons dying of infectious disease 27. Removal and burial of bodies of persons who have died of an infectious disease 28. Local authority to remove and bury unclaimed bodies 29. Rules PART VSPECIAL PROVISIONS REGARDING CERTAIN FORMIDABLE EPIDEMIC OR ENDEMIC DISEASES 30. Formidable epidemic or endemic diseases 31. Power to make Rules for prevention of disease 32. Local authority to see to the execution of Rules 33. Power of local authority or medical officer of health to enforce Rules 34. Notification of sickness or mortality in animals suspected of plague 35. Local authorities to report notification of formidable epidemic disease by telegraph 36. Secretary for Health may requisition buildings 37. Penalties for offences against this Part PART VIPREVENTION OF INTRODUCTION OF INFECTIOUS DISEASES 38. Power to enforce precautions at borders of Malawi 39. Removal of infected persons from railway trains 40. Isolation or surveillance of persons exposed to infection 41. Powers of medical officers of health to inspect railway trains and medically examine passengers PART VIISMALLPOX 42. Definition of “protected person” “public vaccinator” “unprotected person” and “vaccination” in this Part 43. Vaccination of Children 44. Vaccination of persons in declared areas or entering Malawi 45. If adult or child unfit for vaccination certificate to be given 46. Certificates to be given for successful vaccination 47. No fee to be charged for a certificate or for vaccination by public vaccinator 48. Vaccination of inmates of institutions 49. School attendance 50. Supply of vaccine lymph and inoculation from arm to arm, etc., forbidden 51. Power to order vaccination of all persons at any time 52. Power to make Rules PART VIIIVENEREAL DISEASES 53. Venereal diseases 54. Employment of infected persons 55. Publication of advertisements of cures 56. Prevention of the treatment of venereal disease otherwise than by registered or licensed persons 57. Conveyance of infection an offence 58. Offences and penalties PART IXSANITATION AND HOUSING 59. Nuisances prohibited 60. Duties of local authorities to maintain cleanliness and prevent nuisances 61. Duty of local authorities to prevent or remedy danger to health arising from unsuitable dwellings 62. What constitutes a nuisance 63. Author of nuisance 64. Notice to abate nuisance 65. Procedure in case owner fails to comply with notice 66. Penalties in relation to nuisance 67. Court may order local authority to execute works in certain cases 68. Provision in case of two orders for overcrowding relating to same premises 69. Power of sale 70. Persons jointly responsible for nuisances may be proceeded against 71. Demolition of unfit buildings 72. Prohibitions in respect of back-to-back dwellings and rooms without through ventilation 73. Cost of execution of provisions relating to nuisances 74. Examination of premises 75. Power to make Rules 76. Rules as to buildings 77. Power to require removal or alteration of work not in conformity with Rules PART XCONVEYANCE, SEWERAGE AND DRAINAGE 78. Interpretation of Part X Public Sewers 79. Provision of public sewers and sewerage disposal work 80. Duty of authority to keep map showing public sewers 81. Power of local authority to alter or close public sewers 82. Certain matters not to be passed into sewers or drains Right to Connect with Public Sewers 83. Right of owners and occupiers within district of local authority to drain into public sewers 84. Use of public sewers by owners and occupiers without the district of local authority 85. Sewer connexions in streets and through private land 86. Procedure in regard to…